Racy v. State

OPINION

BLISS, Presiding Judge:

In the District Court, Comanche County, Case No. CRF-72-665, appellant, Ernest A. Racy, hereinafter referred to as defendant, was charged, tried and convicted for the offense of Illegal Delivery and Distribution of Marijuana. His punishment was fixed at five (5) years imprisonment and a fine of one thousand dollars ($1,000). From said judgment and sentence, he has perfected his timely appeal to this Court.

The evidence adduced at trial from the testimony of Larry Smith, Provost Marshal Investigator with the United States Army, revealed that on July 28, 1972, he,…